Cohn

The sole question for consideration upon this appeal is the validity on its face of an instrument in writing in words and figures following, to wit:

(Certificate of notary public attached.)

(Endorsements) : “Interlineation bet. line 21 and 22 inserted before signature at suggestion of Cohn as his idea is to give it only when he is dead. E. A. K. Aug. 2/23.” (Recorded June 25, 1926, Bk. 124, p. 53, Official Records of Kern County.)

To be more specific, the question presented is: Does this instrument show a vesting of a present estate to be enjoyed in the future or does it show simply an abortive testamentary act?

Plaintiffs, as special administrators of the estate of Charles Cohn, deceased, clothed with the proper authority by order of court, instituted this proceeding on August 10, 1926, against the defendants, to have the above instrument signed by the decedent declared void and canceled and removed as a cloud upon the title to the real property therein referred to, to enjoin and restrain defendants from interfering with the possession of said premises by plaintiffs and for general relief.

The complaint contained the following further allegations: ■ “That the said Ethel…